Pitfalls and Dangers to Undercover
Undercover work is not for everyone. You have to have a great deal of confidence in your ability to persuade the suspect that you’re for real. There are benefits to undercover operations. There are also pitfalls and dangers to avoid if possible.
What are some of the benefits? You have an undercover agent that is actually participating in the crime. Most undercover operations are audio recorded, and if possible visually recorded. Often times it is a strong prosecution that prevents a criminal defense attorney from going to trial. Imagine, an undercover agent that participated in the crime, and the evidence is recorded. It doesn’t get much better than that.
There are pitfalls that should be avoided if possible. When working undercover always be cognizant that your actions and words are being recorded. If the case would go to court, those recordings would most likely be introduced into evidence. In making a case be aware a jury will probably be judging the evidence. Try to avoid using offensive language. Prosecutors have sometimes told me that after a trial jurors have expressed their displeasure at listening to an undercover use offensive language. In my opinion, sometimes jurors “just don’t get it”. Having said that, it is the jury that will decide a case. Using “street language” is often times hard not to do because in your undercover role you’re trying to convince the suspect that you yourself are afoul of the law. So if you do use offensive language keep it at a minimum. The last thing you want to do is offend someone on the jury. The last thing a jury wants to hear out of your mouth is, fuck this, motherfuck that, cock suck this etc. I’ve seen prosecutors listen to recordings and in hearing this language they’re clenching their teeth. In working drug cases another pitfall to avoid is a dealer wanting you to partake in using drugs. This is not only something jurors may frown upon, it is also a safety issue as you don’t know what the drug may contain. This will arise often if you’re working street level investigations. I found that if I had a beer at the time of the transaction a believable story was “I don’t use while I’m drinking.” Fortunately, in undercover roles drinking alcohol was permitted by my agency. Another story would be to tell the dealer that you’re buying for your girlfriend and that you’re going to use (the drug) together to enhance your sex. With this story you’ll be better off to just use street language. There is no doper going to believe the cleaned up version. When working large scale drug cases your undercover role will be that of a dealer. Not a user. So therein lies your reason not to try the drug you’re buying, and to use cuts into your profit.
The dangers in undercover work are many. My experience is working drug cases, hence these are the dangers I will address. A question that is often asked of undercover operatives is, “aren’t you afraid you’ll be made as a cop? Or, “what if they make you?”. This has never happened to me, but, in my opinion, it’s very unlikely a bad guy is going to harm you if he/she knows the crime is being recorded, and sitting down the street, or in the next motel room, is group of people that are going to come rushing in just wanting an excuse to kick ass. So, if you’re made as an undercover, it’s imperative you make it clear you’re wired and everything is being recorded. Myself, what I was most afraid of, was being robbed. Drug dealers are notoriously greedy and looking for a way to make easy money. What is easier than having you come to them to buy dope and they rob you. Not only do they now have your money, they still have the drug to sell again. There are some indicators they may be setting you up to rob. Changing locations in the middle of the deal. Changing the time. Changing the way the deal will take place. Often times these changes are taking place as the undercover operation is in motion. It’s is important that the backup team is appraised of every change. The undercover operative should also heed the advice of the back up team. It is my experience that undercover operatives can be cocky and over confident, and will try and complete the operation or “make the deal happen”. If the backup team feels the operation is unsafe, it probably is. Body wires are nice for documenting evidence. The primary purpose of a body wire is undercover safety. They have their limitations. There are structures, and types of locations that degrade, or interfere with the strength of the wire signal.
Others factors in working undercover, you’re going to have a cover story. Whatever that story is, you better have a working knowledge of whatever that story is. Drug traffickers are very paranoid. When meeting an undercover, they’re sizing you up and down. They’re looking for anything that doesn’t fit. They’re looking for holes in your story.
I’m reminded of a time I was buying a quarter pound of crack. I had $4,500.00 on me. The operation was a buy/walk (no arrests after the transaction). I go into the house, which is not in the best part of the city to begin with. It’s a crack house. There were about 8-10 people in the house. I’m introduced to the dealer by the informant. He knows why I’m there, as a recorded phone call was made to the dealer by the informant to set the deal up. The dealer says to me, “come on,” meaning follow him. He walks to the basement and proceeds down. Myself and the informant follow. Also following were 3-4 other males. In going into the basement I’m aware the basement is going to hinder the strength of the wire. I’m also aware I’m probably going to be robbed, and my backup is probably a few minutes from being able to help me. What was the right thing to do? Don’t go into the basement. Think fast and come up with a reason to go into another room. Thinking fast is a prerequisite of working undercover. So, what happened? Went into the basement, did the deal, no problems and left. Subsequently I did two more deals with this dealer, flipped him into becoming an informant for me, and used him to work up the ladder. My point in this is, don’t do what I did. What I just pointed out was how an undercover can be over confident and will do what ever to make the deal happen. Another mistake I made was going into a basement knowing the wire strength could be weakened and indicators I was about to be robbed. Thankfully everything turned out right.
